Safety & Risk Awareness
SAFETY AND RISK AWARENESS, EXCLUSION OF LIABILITY AND ASSUMPTION OF RISK
PLEASE READ CAREFULLY. THIS NOTICE AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE OR TO CLAIM COMPENSATION FOLLOWING AN ACCIDENT.
Riding the gondola, sightseeing, hiking and other activities that take place at the Okanagan Gondola premises involve the risk of injury. The information in this notice is intended to inform you of the risks, dangers and hazards you may encounter at the premises of Okanagan Gondola Land Corporation (“Okanagan Gondola”, “we” or “us”) and to help you stay safe while enjoying these activities. Whether you are a participant or the parent or guardian of a minor participant, please take the time to familiarize yourself with this information. In this notice, “Releasees” means Okanagan Gondola and its affiliates, and their respective directors, officers, employees, agents, representatives, volunteers, independent contractors, subcontractors, sponsors, successors and assigns.
KNOW BEFORE YOU GO
A few tips to help you stay safe and enjoy your visit:
• Mountain weather changes quickly. Dress in layers and wear sturdy, closed-toe footwear.
• Bring water, sunscreen and a hat, especially in summer.
• Stay on marked trails and behind railings at viewpoints.
• Watch for wildlife, including bears, cougars and rattlesnakes. Keep your distance and never feed animals.
• On smoky or high fire-risk days, check our website before you visit, as the gondola, trails and other Facilities may close without notice.
• Guests 15 and under must be accompanied by an adult at all times. Guests aged 16 to 18 may visit on their own, but their parent or guardian is responsible for them and is bound by these terms.
• Smoking and vaping are not permitted anywhere on site.
• Plan to be back at the summit station before the last ride down, which departs 15 minutes before closing.
• These tips do not list every risk. Please read the full notice below, which limits your legal rights.
RISKS, DANGERS AND HAZARDS
Using Okanagan Gondola’s premises and facilities and participating in activities there involves various risks, dangers and hazards including, but not limited to:
• boarding, riding and disembarking the gondola, including mechanical stoppages, evacuation procedures and exposure while suspended at height;
• elevation, heights, steep drop-offs and exposure at viewpoints and the summit;
• sudden and unexpected changes in weather conditions, including high winds, lightning, extreme heat, cold, snow and ice;
• wildfire, wildfire smoke and reduced air quality;
• slips, trips and falls;
• loss of balance or control;
• exposed rock, earth, ice and other natural objects such as cliffs, gullies and loose or unstable ground;
• rockfall and hazards on or adjacent to trails;
• trees, stumps and forest deadfall;
• variations in the terrain that may create blind spots or areas of reduced visibility;
• variable and difficult conditions;
• collision with natural and other obstacles, including gondola towers, structures, equipment and vehicles;
• collision with other persons;
• encounters with domestic and wild animals, including bears, cougars, rattlesnakes and insects;
• dehydration, heat-related illness and exacerbation of pre-existing medical conditions;
• equipment failure;
• negligent first aid;
• failure to act safely or within your own ability or to stay within designated areas;
• loss of or damage to personal property;
• negligence of other persons; and
• NEGLIGENCE ON THE PART OF THE RELEASEES.
BE AWARE OF SLIPS, TRIPS AND FALLS
When visiting Okanagan Gondola, you are likely to encounter uneven ground, unpaved areas, varying terrain and natural or man-made obstacles that may cause you to slip, trip or fall. Your footwear should be appropriate for the season, weather conditions and activity. There may be wet, icy or slippery surfaces throughout the premises, including roadways, parking lots, sidewalks, decks, patios, stairs, walkways and gondola loading areas. Please take precautions at all times when moving around the area.
EXCLUSION OF LIABILITY AND ASSUMPTION OF RISK
All access to Okanagan Gondola’s premises and facilities, including the gondola, base and summit areas, trails, viewpoints, food and beverage outlets, parking areas and other amenities (the “Facilities”), and participation in any activities on or in connection with the Facilities (the “Activities”), is subject to the following terms.
It is a condition of your use of the Facilities and your participation in the Activities that you accept these terms, which will affect your legal rights, including your right to sue for negligence or to claim compensation following an accident. If you do not agree to these terms, please do not access the Facilities.
1. ASSUMPTION OF RISK. YOU AGREE TO TAKE RESPONSIBILITY FOR THE RISKS OF VISITING. YOU ACKNOWLEDGE AND FREELY ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE FACILITIES AND PARTICIPATION IN THE ACTIVITIES, WHETHER FORESEEABLE OR UNFORESEEABLE, INCLUDING THE RISKS, DANGERS AND HAZARDS DESCRIBED ABOVE AND ANY OTHER RISKS INHERENT IN THE USE OF THE FACILITIES OR THE ACTIVITIES, WHETHER OR NOT SPECIFICALLY IDENTIFIED. YOU ACKNOWLEDGE THAT THE RISKS, DANGERS AND HAZARDS DESCRIBED ABOVE ARE NOT EXHAUSTIVE, THAT YOUR PARTICIPATION IS VOLUNTARY, AND THAT YOU CHOOSE TO PARTICIPATE IN SPITE OF THE RISKS. YOU ASSUME ALL RISK OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING THE NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY DUTY OF CARE OF THE RELEASEES.
2. RELEASE OF LIABILITY. YOU AGREE TO GIVE UP YOUR RIGHT TO SUE THE RELEASEES. YOU, FOR YOURSELF AND ON BEHALF OF YOUR HEIRS, ASSIGNS AND PERSONAL REPRESENTATIVES, FULLY AND FOREVER RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS, COSTS, CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) AND DAMAGES OF ANY KIND FOR INJURY, DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY ARISING FROM OR RELATED TO YOUR USE OF THE FACILITIES OR PARTICIPATION IN THE ACTIVITIES, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT OF ANY RELEASEE; BREACH OF ANY DUTY OF CARE, WHETHER STATUTORY OR COMMON LAW; BREACH OF ANY DUTY UNDER THE OCCUPIERS LIABILITY ACT OR THE NEGLIGENCE ACT (BC); AND ANY MISTAKES OR ERRORS IN JUDGMENT. YOU WAIVE ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST THE RELEASEES ARISING FROM YOUR USE OF THE FACILITIES OR PARTICIPATION IN THE ACTIVITIES.
3. Indemnification. You agree to cover our costs if a claim arises from your conduct. You will indemnify and save harmless the Releasees from all claims, actions, costs (including legal fees on a solicitor and own client basis), damages and liabilities arising from your participation in the Activities, your use of the Facilities or your breach of these terms.
4. Your Health and Conduct. You confirm you are fit to participate and will follow our rules. You represent that you are in good health and capable of safely participating in the Activities, and that no physician or other qualified medical professional has advised you against participating. You will comply with all applicable laws and bylaws, Okanagan Gondola’s rules and policies as amended from time to time, and any posted signage, safety instructions or directions given by Okanagan Gondola or its staff, including gondola loading and evacuation instructions. You will not use the Facilities in any manner that creates an unreasonable risk of injury, and you are solely responsible for assessing the suitability and safety of any Activity before participating.
5. Minors. Guests 15 years of age and under must be accompanied and supervised by an adult at all times while at the Facilities. Guests 16 to 18 years of age may access the Facilities unaccompanied. If you are under 19 years of age, your parent or guardian must accept these terms on your behalf, and you may access the Facilities only with your parent or guardian’s consent. By permitting a minor to access the Facilities, whether accompanied or unaccompanied, the parent or guardian agrees to these terms on behalf of the minor and on their own behalf, represents having legal authority to bind the minor, assumes all risks, releases all claims and indemnifies the Releasees as set out in these terms, and agrees to be jointly and severally liable with the minor for all claims arising from the minor's use of the Facilities. The parent or guardian remains responsible for any unaccompanied minor’s conduct and compliance with these terms.
6. Your Acknowledgments. By accessing the Facilities or participating in the Activities, you acknowledge that: you have read and understood these terms and accept them voluntarily; you have had the opportunity to seek independent legal advice; you understand you are giving up substantial legal rights, including the right to sue; and you intend these terms to be a complete release to the fullest extent permitted by law.
7. Severability. If any provision is found invalid or unenforceable, the remaining provisions continue in effect and the invalid provision shall be modified to be valid and enforceable to the extent possible.
8. Governing Law. These terms are governed by the laws of British Columbia, and you submit to the exclusive jurisdiction of the courts of British Columbia.
9. Binding Effect. These terms bind you and, in the event of your death or incapacity, your heirs, executors and personal representatives, and apply each time you access the Facilities.
10. Entire Agreement. These terms constitute the entire agreement between you and Okanagan Gondola regarding their subject matter.
BY ACCESSING OKANAGAN GONDOLA’S PREMISES AND FACILITIES OR PARTICIPATING IN ANY ACTIVITIES, YOU CONFIRM THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS, THAT YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS, AND THAT YOU ACCEPT THESE TERMS VOLUNTARILY.